2025 (11) TMI 87

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....nt of prosecution and thereby upholding the order passed by the Assessing Officer wherein the Assessing Officer has taxed the declaration made during the course of survey on account of unexplained cash and explained stock u/s 115BBE of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). 3. Facts of the case, in brief, are that the assessee is a partnership firm and filed its return of income on 17.10.2016 declaring total income of Rs. 43,27,270/-. A survey action u/s 133A of the Act was carried out in the case of the assessee on 12.02.2016 and 13.02.2016 during which the assessee declared additional income of Rs. 94,99,186/- on account of excess cash of Rs. 5,01,307/-, excess stock of gold of Rs. 41,99,100/- and excess stock....

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....survey as normal business income instead of upholding the treatment given by the Assessing Officer by bringing to tax u/s 115BBE of the Act. Further he has mentioned in his order that "However, since the appellant has filed written submissions they are being dealt with on merit in subsequent paragraphs". Referring to the order of Ld. CIT(A) he submitted that there are no such paragraphs in the order of the Ld. CIT(A). Relying on various decision, he submitted that since the order of the Ld. CIT(A) is not in accordance with law, therefore, the same should be set aside and the grounds raised by the assessee should be allowed. 7. The Ld. DR on the other hand submitted that since there was non-compliance before the Ld. CIT(A) despite number ....